In June we reported that OSHA intended to propose an extension of the November 10, 2017 compliance date for certification of crane operators.  Last Thursday, November 9th, OSHA made it official, announcing in the Federal Register that the deadline for employers to ensure crane operators in the construction industry are certified/qualified has been pushed back to November 10, 2018.  This also extends the employer’s duty to ensure employees are competent to operate a crane safely until the same date.  OSHA feels that this extension is necessary to avoid disruption to the construction industry.

Industry stakeholders have long been concerned that certification by an independent testing organization accredited by a nationally recognized accrediting organization does not ensure the competency of crane operators to do construction work.  Employers have said that they feel additional, site-specific training would be needed to ensure that a crane operator could safely operate a crane.  There has also been controversy surrounding Section 1926.1427(b)(2) which requires that for compliance with the standard, crane certification covers both type and capacity of equipment.

Originally, under the final crane standard published in August, 2010, the compliance deadline was November, 2014.  In late 2014, the compliance deadline was extend three years, to November 10, 2017.  The hope is that this new, one year delay will allow OSHA time to finally address ongoing issues.

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Photo of Tressi L. Cordaro Tressi L. Cordaro

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state…

Tressi L. Cordaro is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. She is co-leader of the firm’s Workplace Safety and Health Practice Group. She advises and represents employers on occupational safety and health matters before federal and state OSHA enforcement agencies.

Ms. Cordaro has advised employers faced with willful and serious citations as the result of catastrophic events and fatalities, including citations involving multi-million dollar penalties. Ms. Cordaro’s approach to representing an employer cited by OSHA is to seek an efficient resolution of contested citations, reserving litigation as the option if the client’s business objectives cannot otherwise be achieved. As a result, she has secured OSHA withdrawals of citations without the need for litigation.

Ms. Cordaro’s unique experience with government agencies involved in OSHA enforcement enables her to provide employers with especially insightful guidance as to how regulators view OSHA compliance obligations, and evaluate contested cases.

Ms. Cordaro served as the Presidentially-appointed Legal Counsel and Special Advisor to the past Chairman and Commissioner Horace A. Thompson, III at the U.S. Occupational Safety & Health Review Commission (OSHRC) in Washington, DC, the agency that adjudicates contested federal OSHA citations. As the Commissioner’s chief counsel, Ms. Cordaro analyzed all cases presented to the OSHRC and advocated the Commissioner’s position during decisional meetings.

In addition, Ms. Cordaro worked at the U.S. Department of Labor’s Occupational Safety & Health Administration developing OSHA standards, regulations and enforcement and compliance policies, with emphasis on the construction industry. She has in-depth experience on technical issues including, in particular, issues related to cranes and derricks in construction.